accreditation of certification service providers, and for matters connected therewith and

ancillary thereto;

AND WHEREAS the President is satisfied that circumstances exist which render

it necessary to take immediate action;

NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the

fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999,

read with the Provisional l Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:—

CHAPTER 1

PRELIMINARY

1 . Short title, extent and commencement.—(1) This Ordinance may be called

the Electronic Transactions Ordinance, 2002.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions.—(1) In this Ordinance, unless there is anything repugnant in the

subject or context,—

(a) “accreditation certificate” means a certificate granted by the Certification

Council to a Certification Service Provider;

(b) “Accredited Certification Service Provider” means a Certification Service

Provider accredited under this Ordinance to issue certificates for the use of its

cryptography services;

(c) “addressee” means the person intended by the originator to receive the

electronic communication but does not include an intermediary;

(d) “advanced electronic signature” means an electronic signature which is

either—

(i) unique to the person signing it, capable of identifying such person,

created in a manner or using a means under the sole control of the

person using it, and attached to the electronic document to which it

relates in a manner that any subsequent change in the electronic

document is detectable ; or

(ii) provided by an accredited certification service provider and accredited

by the Certification Council as being capable of establishing

authenticity and integrity of an electronic document;

(e) “appropriate authority” means —

(i) in relation to items contained in the Federal Legislative List of the

Constitution of the Islamic Republic of Pakistan, 1973, the Federal

Legislature or Federal Government;

(ii) in relation to items contained in the Concurrent Legislative List of the

Constitution of the Islamic Republic of Pakistan, 1973, for which a

Federal law is in force, the Federal Legislature or Federal Government,

and, in all other cases, respective Provincial Legislature or Provincial

Government;

(iii) in relation to the functions of the Federal Government or respective

Provincial Governments being discharged by a statutory body, that

statutory body ; and

(iv) in relation to matters in respect whereof the Supreme Court or the High

Courts are empowered to make rules for the regulation of their

proceedings, the Supreme Court or High Court, as the case may be;

(f) “authenticity” means, in relation to an electronic document or electronic

signature, the identification of and attribution to a particular person or

information system;

(g) “automated” means without active human intervention;

(h) “certificate” means a certificate issued by a Certification Service Provider for

the purpose of confirming the authenticity or integrity or both, of the

information contained therein, of an electronic document or of an electronic